ASHOK VISHWANATH DANGE Vs. GOVIND VISHWANATH DANGE

JUDGEMENT

(1.) Present appeal has been filed by the original defendant challenging the Judgment and Decree passed in Regular Civil Appeal No.66/2013 by learned District Judge -5, Nanded dated 17.10.2016, whereby his appeal came to be dismissed. In the said appeal he has challenged the Judgment and Decree passed by the learned Civil Judge Junior Division, Ardhapur, Dist. Nanded in R.C.S. No.12/2010 dated 25.03.2013. The said suit was filed by present respondents -original plaintiffs for perpetual injunction. The said suit was decreed by the learned Trial Court.

(2.) The admitted facts from the pleadings of the parties were that father of plaintiffs and defendant Vishwanath Dange was the original owner of agricultural land Block Nos.35 and 37. He had five sons viz. Govind, Chandrakant, Ashok, Shivaji and Gopinath. After death of father, the sons mutually partitioned the agricultural land on Gudi Padwa of 2002. Portion of 00 Hectare 60 Ares and 01 Hectare from Block No.37 was allotted to plaintiff Nos.1 and 2 respectively. Gopinath was given 01 Hectare 04 Ares land from Block No.37. Shivaji and defendant got 70 Ares land each from Block No.35. All of them are cultivating their respective shares since then.

(3.) The original plaintiffs had come with the case that there is an ancestral well in land Block No.35. It was mutually agreed between the brothers at the time of partition that it would be used commonly. Further, they also agreed to use the electric motor, motor pump and pipeline installed by their father commonly to the said well. However, plaintiffs contend that defendant is obstructing them from using electric motor, pump sets and pipeline as well as water from the well. Said threat was given on 21.02.2010 and therefore the suit was filed, simplicitor for perpetual injunction.